Common Causes of Commercial Vehicle Accidents
There are many different reasons a commercial driver may end up in an accident. Some of these include the following.
- Mediocre Maintenance – If the truck isn’t correctly maintained, something can go wrong while it’s on the road. A collision can result from any breakdowns experienced while the truck is being driven.
- Overloaded Cargo – Cargo that is too heavy for the truck or that is not loaded correctly can lead to an accident. It’s possible for the truck to experience a breakdown due to a heavy load or to tip if the cargo is not balanced.
- Fatigue – Commercial drivers have limitations on how much they can drive per day. If they’re forced to drive longer or attempt to drive more than what’s allowed to stay on schedule, they might fall asleep at the wheel or make mistakes because they’re fatigued.
- Negligence – Failing to pay attention to the road and their surroundings could lead a truck driver to cause an incident. They may end up striking another vehicle as they try to switch lanes or end up hitting a pedestrian if they don’t identify them in time.
- Rushing – Rushing to get to the next location can lead to serious crashes because the driver is not paying attention like they should and making choices like going through a yellow light to make a better time.
- Driving Under the Influence – 18 wheel truck drivers who are under the influence of drugs or alcohol can end up causing an crash. This includes prescription medicines that can cause drowsiness.
- Loss of Control – If the truck driver loses control due to a servicing issue, environmental issues, or any other reason, it could lead to an accident.
What to Do After an Accident
Affected individuals of a truck accident will want to seek medical attention right away. If emergency medical care is not necessary, the victim should still see a doctor as soon as possible, preferably within the next few days. The victim could have hidden injuries that are not evident immediately after the collision, but that can cause future pain and suffering. If the victim does not see the doctor soon after the accident, it can also become more difficult to confirm the injuries were suffered in the accident. The amount of time between the accident and the medical care could be seen as evidence that the injuries happened elsewhere, but the victim is attempting to claim it as part of compensation for the accident to avoid having to pay those costs out of pocket. This isn't always the case, but it is what insurance companies will say to try to decrease their liability.
Who is Liable for the Accident?
Liability is a elaborate topic for commercial vehicle accidents. The driver is not always going to be the responsible party. Instead, it could also be anyone involved in the maintenance or use of the vehicle. A legal representative is often needed to identify who the liable party is for any commercial vehicle accident.
- Manufacturer – If a imperfection in the vehicle leads to an collision, it may be possible to hold the manufacturer accountable for any injuries experienced. Defects can be in any part of the vehicle, from the engine to the tires.
- Mechanic – The mechanic who worked on the vehicle could be held accountable if they did not do a repair correctly or missed repairs that were needed to keep the vehicle in ideal running condition.
- Employer – An employer who forces the driver to fulfill unobtainable standards or to drive more than what’s permitted before a break may be liable for any injuries if a wreck occurs.
- Truck Owner – The vehicle may not be owned by the truck driver. If this is the case and the truck is not properly maintained, the owner may be the accountable party.
- Other Drivers – If the accident is caused by another driver, they would be at fault for the accident, even if it includes a commercial car or truck. If another driver swerves in front of a truck and the truck cannot stop in time, it could lead to a multi-car accident. The driver who swerved would be liable in that situation.
The Right Settlement to Accept
When victims can obtain compensation for this type of accident, they’ll need to know what settlement to accept. It is never a good idea to take the first settlement offer without assistance from a lawyer. Insurance companies want to minimize the amount they pay out, as they cannot be profitable if they always pay out the maximum amount for every claim. So, the initial settlement offer will be lower than what the victim may be entitled to for their injuries. If this settlement is accepted, the victim cannot get more money from the liable party later.
In lieu of accepting the first settlement, victims can work with a legal representative to negotiate a larger amount. The higher amount will be more likely to include all accident-related costs, such as medical bills, damaged products, lost wages, and more. It’s also likely the improved settlement offer will include non-quantifiable damages, such as loss of enjoyment of life if the victim suffered long-term injuries.
Avoid Often Seen Errors After a Commercial Vehicle Accident
After a truck accident, it is important to know what to do and what not to do. Try to avoid all of the following if you’re in a commercial car or truck accident.
- Avoid taking Fault – Many people will instantly apologize after an accident, even if the accident wasn’t their fault. Avoid doing this and avoid saying things to the insurance company involved that could be construed as an admission of fault. Doing so could mean being unable to obtain payment for the accident.
- Avoid Accepting a minimal Settlement – Make sure any settlement offer accepted is going to be enough to cover the financial aspects of the accident. Accepting a low settlement means any other bills will need to be paid out of pocket by the victim.
- Avoid Trying to Do it Alone – It’s tough to recover from an crash and go up against the insurance provider at the same time. This often leads to issues like accepting a low settlement. Instead, work with a lawyer and let them handle the insurance provider.
- Avoid Waiting for Medical Care – As mentioned, it’s never a good idea to put off medical care. If emergency care isn’t required, see a doctor within the next couple of days.
Is It A Good Idea to Hire a Lawyer?
The law doesn’t require victims to hire a lawyer, but it’s always a beneficial idea. Commercial truck accidents can be incredibly complex and it can be difficult to obtain damages without the right support. Plus, there isn’t a disadvantage to working with a lawyer. Commercial vehicle accident legal professionals work on a contingency basis. This means victims don’t need to pay upfront for legal services and only pay the lawyer if the case is won. The sum of money needed to cover legal fees is included with other types of compensation requested in a settlement. So, the victim still receives the money needed to financially recover from the accident and the lawyer’s fees will be included.
If you’ve been in an incident involving a commercial car or truck, talk to a lawyer to learn more about the help available for your claim. You may be owed more compensation than you realize and a lawyer can help ensure you get as much money as possible for the crash. They can also help deal with the legal aspects of obtaining compensation while you focus on recovery. Contact us today to set up a appointment and learn more about your case.
FAQs About Commercial Automobile Accidents
Commercial vehicle accidents can lead to significant injuries and damages, so working with a legal representative is suggested. Still, you may have some questions before the meeting. Read below to learn more about these situations and to learn more about what to look forward to when you have a consultation.
What is Considered a Commercial Truck?
Commercial vehicles are those paid to move people or goods from place to place. They can include semi-trucks, multipurpose vehicles, passenger vehicles, pickup trucks, buses, and more. If the vehicle can be employed to take someone to another location or to move merchandise from one place to another, it is considered a commercial automobile, no matter how big or compact it may be.
How Much is My Truck Accident Injury Case Worth?
Each case is totally different, so it’s hard to say how much a case is worth without looking at the information. Compensation can cover all bills relating to the accident, such as medical bills, property damages, and lost wages, as well as non-quantifiable or punitive damages. A lawyer can review the case and let you know how much the case may be worth.
Will I Receive Punitive Damages for the Crash?
Beyond coverage for accident-related costs, there are other types of compensation victims can receive, including punitive damages. These are typically provided in cases where the judge wants to stop the same thing from happening in the longer term. If someone took a shortcut, whether that’s forcing drivers to drive much more per day or missing required maintenance on a vehicle, the victim may be awarded punitive damages as a penalty toward the liable party.
Who Do I Sue for Compensation?
The party sued for compensation is considered the liable party. It is important to get this right, as the suit can get thrown out if it’s against the incorrect party. Unfortunately, determining liability for commercial vehicle collisions can be challenging. The liable party for a commercial vehicle accident can be the operater, their employer, the truck owner, the manufacturer, or someone else involved with the vehicle.
Do I Need a law firm for a Commercial Vehicle Accident?
It is absolutely recommended for affected individuals to have a lawyer for these situations due to their intricacy. On top of this, it’s better to have a lawyer manage all of the legalities so you can focus on recouping from your injuries. They’ll help with each part of the suit to enable you to get a better settlement that will cover any bills from the collision.
How Can I Afford a Lawyer?
Commercial vehicle accident lawyers work on a contingency basis, so you don’t pay unless they win the claim. If they do obtain a payment for you, the legal fees are included in the settlement, so it won’t cost you a thing out of pocket. You can learn more about how this works at the appointment.
Do I Need to Recoup Before Seeking Compensation?
No, it is not required to fully recover from your injury before filing a claim. There is a statute of limitations of two years for filing a legal claim, and you may still be recovering from significant injuries at this point. Instead, let a lawyer handle the claim while you recover. They can obtain existing as well as foreseeable medical bills to help with your recovery.
How Do I Establish Who Caused the Accident?
Determining accountability can be challenging and involves taking a close look into how the crash occurred. At first look, it may seem like the driver made a error. When the truck is scrutinized, however, it may show the driver tried to control the car or truck but was unable to avoid an accident due to a defect or other issue. Evidence for how the accident occurred can be used to show who is accountable for this type of accident.
What Do I Need Before Talking to a Lawyer?
Before talking to a attorney, write down as much as possible about what occurred to cause the crash. Gather any medical bills that have already been received as well as expenses or receipts from the accident. It’s also a good idea to have pay slips on hand to show how much revenue was lost due to recouping from the accident or what may be lost if you cannot return to work in the same capacity. The lawyer can help gather facts as well as let you know if anything else is needed during the consultation, but this information, if it’s available, will give them a good head start on the case.
What Evidence is Needed for My Claim?
This will depend on how contested the case is and how difficult it may be to prove responsibility. Each case is different and the evidence available can fluctuate. A lawyer can help gather as much evidence as possible and determine what else may be needed if it isn’t readily available yet.
When Can I Obtain the Settlement?
Due to the difficulty of commercial vehicle accidents, it can take a while to come to an agreement on a settlement with the accountable party. Then, the liable party does have some time to pay out the complete amount. If the suit goes to trial, it’s going to take longer to obtain a settlement. A law firm can provide some insight into how long it may take to receive money and what could cause a delay.
Will The Case Go to Trial?
Most cases do not ever make it to trial. It is lengthy and expensive to go to trial, so it is something that should be avoided if you can. In the vast majority of cases, a settlement is agreed on before the suit reaches the courts. If an agreement cannot be made, a commercial van accident case can go to court. Even then, it’s still possible to accept a settlement. If the trial continues, the judge will establish how much compensation the victim can receive.
If you’ve been in a commercial vehicle collision, take the time to talk to a law firm about your case and learn more about whether you can obtain settlement for your injuries. Call us today to set up a appointment and get more specific details about your situation and what you can anticipate moving forward.
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